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1. The Defendant’s KRW 101,590,000 for the Plaintiff and 5% per annum from August 30, 2013 to May 16, 2014.
Reasons
1. Basic facts
A. On October 15, 2012, the Defendant entered into a contract with A, the owner of the building, setting the construction cost of KRW 517 million (including value-added tax) and the construction period from October 15, 2012 to February 28, 2013, with respect to the new construction work of Jindoex Co., Ltd. on the ground of Jindo Co., Ltd., including Jindo City B, etc.
(hereinafter “instant contract”). (b)
On October 22, 2012, the Plaintiff and the Defendant concluded a subcontract with respect to the instant new construction works, including the construction cost of KRW 99 million (excluding value-added tax), the construction period from October 15, 2012 to December 15, 2012, and the payment method of the construction cost to be paid on the 10th of the following month from the claim for the expiration of each month.
(hereinafter referred to as “instant subcontract”). (c)
In the process of performing the subcontracted construction as above, the Plaintiff also engaged in additional banking operations, increase or decrease in the number of vehicles, reinforcements, and retaining walls installation works. The Plaintiff completed the said additional construction works on June 21, 2013, including the instant construction works.
[Ground of recognition] Gap evidence Nos. 2, 4, 8, Gap evidence Nos. 3-1 to 3, the purport of the whole pleadings
2. Existence and scope of the defendant's obligation to pay the construction price
A. The Plaintiff’s assertion and its determination 1) The Plaintiff’s assertion were not paid KRW 24,40,000,000, excluding the already paid construction cost of KRW 99,600,000,000, as stipulated in the instant subcontract. In the course of performing the instant construction project, the Defendant’s determination is obliged to pay the Plaintiff the remainder of the instant construction project, as well as the above additional construction cost of KRW 5,2250,000,00 (including value added tax) in addition to the originally planned construction work, as the Defendant’s demand was added to the amount of KRW 5,2250,000 (including value added tax), 22,00,000 (including value added tax).